Rhodes v. Cobb
Court of Appeals of Kentucky
Chancery. From the Circuit Court for Edmondson County* An allegation, in an attachment bill, as to the amountofthe garnishee’s debt, may he sufficient without staling it precisely, if it shows that it exceeds the complainant’s judgment.
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Chancery. From the Circuit Court for Edmondson County* An allegation, in an attachment bill, as to the amountofthe garnishee’s debt, may he sufficient without staling it precisely, if it shows that it exceeds the complainant’s judgment. To justify a proceeding, under the statute, against a defendant’s chosesin action, therq must be a fi. fa. returned no property, “by the proper officer,” i. e. an officer of the county where thejudgmentwia rendered, or that in which tile de ■ fendant resides. A judgment in one county, and return on an execution sent to another, without any allegation that the…
1Opinion of the CourtChief Justice Robertson
Cobb, a judgment creditor of Rhodes and McFerran, filed a bill against them and Roundtree, for subjecting a debt alleged to be due from him to Rhodes, and for enjoining the payment of it, in the mean time. And the hill having been taken for confessed against all three, a decree was rendered according to the prayer.
As to the indebtedness of Roundtree, the bill,although silent as to the precise amount of it, alleges that it exceeds that of the judgment. This is sufficiently certain to justify, in that particular, the decree, as rendered, for the amount of the judgment.
But in one essential…
2Cited by1 opinion
- Stone v. Bohm Bros.Court of Appeals of Kentucky · 1880